Dream Palace v. County of Maricopa

384 F.3d 990 (2004)

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Dream Palace v. County of Maricopa

United States Court of Appeals for the Ninth Circuit
384 F.3d 990 (2004)

Facts

Dream Palace (plaintiff) was a live adult nude-dancing establishment located in Maricopa County, Arizona (the county) (defendant). The county passed Ordinance P-10, § 13(e), which provided that an “adult service provider, in the course of providing an adult service, may not perform a specific sexual activity.” “Specific sexual activity” was defined in the statute to include human genitals in a state of stimulation or arousal, actual or simulated sex acts, and fondling or other erotic touching of the genitals or other body parts. An “adult service” was defined to include dancing, modeling, posing, and singing by a person who was nude or semi-nude. The ordinance also prohibited any contact between performers and the audience, requiring that performances take place on an elevated stage, that the stage and viewing areas be separated by a barricade or railing, that neither performers nor patrons extend parts of their bodies across that barricade, and that all performances be supervised by a manager. Dream Palace challenged the ordinance, contending that it violated the First Amendment. The county argued that it was empowered to enact the ordinance pursuant to its general police power.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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